Sufficient insurance coverage is essential. This holds true with regards to property insurances (e.g. fire, residential building, contents and motor vehicle insurances), liability insurances (e.g. both personal and public or motor vehicle liability) and personal insurances (e.g. sickness allowance, accident, life and disability insurances). Equally essential, however, is, the timely payment of compensation by the insurance company in case of an insurance event. In fact, more often than not, such payments can prove vital.
Therefore, we assist our clients in making well-supported and legally sound insurance claims. This includes defence against wrongfully raised objections (i.e. breach of obligations, comparative negligence, etc.) in order to enforce any claims in a timely fashion and without any deductions. The legal problems that tend to arise regularly in this regard can be summarised as – but are not limited to - the following key points:
Disability Insurance / Occupational Disability Insurance (“BU / BUZ”)
Application, possible references in case of disability, restructuring, rescission and appeal due to breach of pre-contractual l notification duty, medical experts’ reports, review procedures, etc.
Health Insurance / Sickness Allowance (“KV / KHT”)
Medical necessity of the treatment, mixed institutions, limitation of hospital stay in favour of re-location to a rehabilitation, or alternative health care facility, certificate of disability, rescission and appeal due to breach of pre-contractual notification duty, etc.
Application, compliance with contractual deadlines, determination of the grade of disability, application of dismemberment schedule, amount and scope of compensations, review procedures, etc.
Building / Contents Insurance
Determination of the scope of insurance cover (what object is insured against what damage), amount and scope of compensations (“new value” clauses), calculation of compensations, obligations, proof and evidence, etc.
Motor Vehicle Insurance (Kfz-Haftpflichtversicherung)
Legal review of course of events in case of an accident, responsibility and evaluation of operational risk, downtime compensation, costs of rental cars, regress in cases of refusal to provide cover (Deckungsverweigerung), exclusion of risks, co-insured persons, etc.
Motor Vehicle Comprehensive Insurance (Kfz-Kaskoversicherung)
Scope of insurance cover, compensation claims, cases of theft, exclusion of claims due to drunkenness and/or hit-and-run, gross negligence, obligations, regress, etc.
Many of our long-term clients to whom we provide decisive advice and legal representation in the aforementioned matters are large insurance companies. This has allowed us to gain keen insight, extensive knowledge, and valuable experience in regard to insurance matters from the perspective of the insurance company – expertise that we can call upon when representing insurance claimants.